Dashboard cameras — Virginia

Dash cams are legal in Virginia, but the following rules should be considered:  

Windshield placement and visibility

It is unlawful for any person to:

• Drive a motor vehicle with any object (e.g., dash cam), other than a rear-view mirror, sun visor, or other equipment suspended from any part of the motor vehicle as to substantially obstruct the driver's clear view of the highway through the windshield, the front side windows, or the rear window; or
• Alter a passenger-carrying vehicle in such a manner as to obstruct the driver's view through the windshield.

No law enforcement officer may stop a motor vehicle for a violation of these rules and evidence obtained as the result of such a stop, including evidence discovered or obtained with the operator's consent, is not admissible in any trial, hearing, or other proceeding.

These rules, however, do not prohibit the suspension and use of dash cams and any accompanying wires or attachments if they are not otherwise prohibited by federal regulations and the dash cam, wires, and attachments are wholly or mostly concealed behind the rear-view mirror without any additional obstruction to the driver's view.

Dashboard or behind the rear-view mirror mounting are the best choice for compliance.

Audio and video recording

Virginia is a one-party consent state. This means you can record audio as long as one party to the conversation (e.g., the driver or the passenger) consent.

In Virginia, it is generally legal to record videos in public and in semi-public places like a truck cab, where there is little or no expectation of privacy.

However, video recording on private property (e.g., customer sites and delivery locations) without permission may be illegal, especially if footage includes people who are unaware that they are being recorded. Best practice: Dash cams should be deactivated or explicit permission obtained from the property owner or the individuals being recorded prior to video recording on private property.

Employee and driver privacy

Because Virginia has one-party consent for audio recordings, fleet managers or drivers can record conversations in the vehicle as long one party, such as the driver consents. The best practice, however, is to both post a sign in the cab and inform all passengers verbally (whether customers, contractors, or employees) of audio or video recording for purposes of trust, transparency, and to avoid privacy disputes.